As a rule, under the provision of the Polish law, performing work by the foreigner is allowed after granting a work permit.
However, there are many exception to this rule - some foreigner may perform work without a work permit, others are allowed to work on the basis of register statement on the intention of entrusting work to a foreigner.
The binding regulation impose many duties and negative implications for both the employer and the foreigner for breaching of these obligations. It is necessary to keep in mind that for legal employment it is always required for the foreigner to hold a work permit or other type of work permission together with a valid residence title. In each case of entrusting work to a foreigner the employer should verify if this condition is fulfilled, to avoid negative consequences.
Work permit
The application for the work permit must be submitted by the employer. Before lodging the application employer should obtain an information from the local district employment agency that it is impossible to employ any other unemployed or job-seeking person or about a negative outcome of recruitment held by the agency (job market test).
The work permit can be issued for the maximum period of 3 years. It specifies the employer, type of work or given position, work time, minimum remuneration and the validity period of the permit.
Work visa
In order to legally perform work in Poland, besides the work permit, foreigners are obliged to hold a residence title, which eligibles to perform work (work visa).
The foreigner can attach the work permit or a statement on the intention of entrusting work
to the visa application. Work visa will be issued for the period indicated in the permission.
In case of refusal on granting a national or Schengen visa there is a right to apply for the retail of the case to the same authority that issued the decision. Of course it is always possible to submit new visa application.
Statement on the intention of entrusting work to a foreigner – the simplified procedure
In certain cases, it is possible to entrust performing work to a foreigner without the work permit. The simplified procedure is intended for citizens of Armenia, Belarus, Georgia, the Republic of Moldova, the Russian Federation and Ukraine. It allows to employ foreigner from one of these countries on the basis of registered statement of the employer on the intention of entrusting work to a foreigner and entering into a contract with foreigner in writing. The foreigner may work on this ground during the term of 6 months in the following 12 months. Since 1 January 2018 the request to register the employer’s statement is subject to the payment of the fee of PLN 30.
Seasonal work permit
The seasonal work permit is a relatively new type of permission. It was created by the last amendment to the Act on employment promotion and labor market institutions. Since the 1 January 2018 it is possible to entrust performing work for to the foreigner form outside the EU and EEA. This type of work permit might be issued for the entrepreneurs employing the staff in agriculture, forestry and fisheries or accommodation and food services activities. Basing on this permit foreigners are allowed to perform seasonal work for 9 months during the calendar year.
WHAT WE OFFER:
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legal assistance during the visa proceedings
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comprehensive legal advice for the entrepreneurs employing foreigners
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assessment of legal situation and developing appropriate solution
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representation before the administration authorities
- representation before courts
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